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A vet's negligence, do I have rights?

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HateDvet

Guest
I purchased a 3yr old male pug for 200.00 private party in late sept last year.(The people were moving) I took the dog to a pet clinic to be neutered in november last year. The dog was in good health going in, and ended up dying before the neuter even took place! I did not sign any paperwork of release of liability, however I paid 55.00 in cash for my pets surgery.
I was called, by the vet at the "supposed pickup time of my dog". I was told that she, the vet, ran into trouble from the very beginning with my dog. She told me my dog had passed away. After very much disbelief, I was asked to go to the vets to discuss it. I arrived at the vet, and she was very frantic and upset herself, crying. All I got from her was her being hysterical and saying that my dog's tongue turned blue when he was sedated, and then they had to revive him, and then they gave him something to slow him down ,(his heart rate) and consequently he died. It is my understanding that they had brought him back, then tried again to do the surgery. Why not contact us when they brought him back, and give us the option of whether or not we want to push the surgery?
My girlfriend and I were promised by her that she would get us a replacement pug puppy, and that when she calls us to pick it up, we better not say NO.
That same night she dropped by OUR HOME and gave our 55.00 back in person! She too, said again she would find a pug for us. When we called the clinic a week later, she said that she missed getting a pup the same night we lost our dog, and that the breeder wanted 500.00. I waited another week, and called again. My calls were being ignored and put off. After 3 weeks of trying to see how things were going, and trying to work with her , she had an attitude on the phone telling my girlfriend that she doesn't know if the clinic will pay for a replacement pug, and she is getting married and can't help us if we find one, because she needs her money, and if we want A PUG that bad, we are on our own! Conversation stopped, this was a week before christmas.
Do we have a case against her? I know that this vet has been under stress. She yelled at the staff at the time she spoke to my girlfriend (about the phones, not being able to hear anyone talk) and she just had a baby, and couldn't take but a few weeks off, due to needing money.
Any help will be welcome. Thanks.
HateDvet
 


JETX

Senior Member
I guess my first question to you would be, "What would be your grounds for a lawsuit?".

If you are claiming malpractice, in my opinion it would be hard to prove, especially without an autopsy on the dog. From your post, it sounds to me like the dog my have suffered respiratory failure, no telling if this is correct, or what might have caused it. Your word against her experience... not a good stand to make.

If you are claiming breach of contract for her verbal promise of a replacement, that might be a little easier to prove. I suggest that you write the vet a letter (certified RRR) detailing the circumstances of the death and her promise to replace your pug with like kind. In the letter, let her know that you are willing to work with her so that she can fulfill her promise and that, since all of you are 'heartsick' at the circumstance you would like the vet to arrange replacement in the next 7 days (?) from reciept of the letter. Do not threaten or be belligerent, remember you are trying to get her to do something for you... be a little sympathetic, a lot understanding. This is not a time for ego's and pride to get in the way. Remember, this letter may be needed to be read by the judge if this goes that far, so be professional and respectful.

Hope that this helps.... let us know how this works out.
 
H

HateDvet

Guest
Thanks Halket, I will write the letter RRR to the vet.
I forgot to mention I live in California.
Hope that helps others who may help.
 

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